IHC declares Imran, Bushra’s solitary confinement unlawful

ISLAMABAD: The Islamabad High Court (IHC) has declared the solitary confinement of former prime minister Imran Khan and his wife, Bushra Bibi, unlawful and directed Adiala Jail authorities to restore their family access, medical facilities and other fundamental rights.

Justice Khadim Hussain Soomro issued the 24-page detailed judgment while disposing of two constitutional petitions filed by Imran Khan’s sister Aleema Khanum and Bushra Bibi’s daughter Mubashra Khawar Maneka.

The petitions challenged what the petitioners described as the arbitrary isolation of the two prisoners, denial of legal access and inadequate medical supervision at Central Adiala Jail in Rawalpindi.

In the detailed verdict, the court observed that although imprisonment restricts a person’s liberty, it does not strip prisoners of their constitutional guarantees relating to life, human dignity and protection against unauthorised executive treatment under Articles 4, 9 and 14 of the Constitution.

The court noted that security arrangements could not be used as a blanket justification to deprive prisoners of human contact or subject them to prolonged social isolation.

The IHC held that keeping Imran Khan and Bushra Bibi in de facto solitary confinement without judicial authorisation violated provisions of the Pakistan Penal Code, the Prisons Act 1894 and the Pakistan Prison Rules 1978.

The Adiala Jail superintendent was directed to ensure that neither prisoner was subjected to unlawful isolation.

The court also ordered jail authorities to allow prescribed in-person meetings with family members and spouses in accordance with prison rules.

Authorities were further directed to facilitate scheduled audio and video WhatsApp calls between Imran Khan and his sons.

The judgment clarified that the WhatsApp facility would be limited to private family communication. It said the facility could be suspended if authorities found objective evidence that the calls were being recorded, broadcast or used for political campaigning, provided the decision was supported by written reasons.

The court also took into account findings of medical boards constituted at the Pakistan Institute of Medical Sciences (PIMS), which had noted severe anxiety, fluctuations in blood pressure and stress associated with prolonged isolation.

Jail authorities were directed to provide Imran Khan with at least one hour of daily walking and exercise.

The court further ordered the provision of newspapers, magazines, books and a functional television set in accordance with medical recommendations.

Books presented before the court, including works on Allama Iqbal, Islamic history, science and Seerat-un-Nabi (PBUH), were also ordered to be provided to the former prime minister after routine security screening.

The safeguards ordered by the court were extended to Bushra Bibi as well, with the judgment directing that she be provided equal access to family visits, legal counsel, exercise and reading materials.

The court directed the Adiala Jail superintendent to submit an official compliance report to the IHC Deputy Registrar (Judicial) within 15 days.

The ruling emphasised that imprisonment does not place a person beyond the protection of law and that prison authorities must exercise their powers within the framework of constitutional guarantees, statutory provisions and prescribed prison rules.